Regulation of Fuels and Fuel Additives: Renewable Fuel Standard ...

We request comment on our proposed requirement that three distinct types of
reports be submitted for each calendar year, specifically whether these reports could be
simplified or whether a smaller number of reports could provide the same information.
3. Recordkeeping
The proposed recordkeeping requirements for renewable fuels producers support
the enforcement of the use of RINs for compliance purposes. Product transfer documents
(PTDs) are central to tracking individual RINs through the fungible distribution system
when those RINs are assigned to batches of renewable fuel. PTDs are customarily
generated and issued in the course of business (i.e. issuing them is a “customary business
practice”) and are familiar to parties who transfer or receive fuel. As with other fuels
programs, PTDs may take many forms, including bills of lading, as long as they travel
with the volume of renewable fuel being transferred. Specifically, we propose that on
each occasion any person transfers ownership of renewable fuels subject to this proposed
regulation that they provide the transferee documents identifying the renewable fuel and
containing identifying information including the name and address of the transferor and
transferee, the EPA-issued company and facility IDs of the transferor and transferee, the
volume of renewable fuel that is being transferred, the location of the renewable fuel at
the time of transfer, and the unique RIN associated with the volume of fuel being
transferred, if any. PTDs are used by all parties in the distribution chain down to the
retail outlet or wholesale purchaser-consumer facility that dispenses it into motor
vehicles.
Except for transfers to truck carriers, retailers or wholesale purchaser-consumers,
product codes may be used to convey the information required for PTDs, as long as the
codes are clearly understood by each transferee. Therefore, renewable fuels producers
may use codes. The RIN would always have to appear on each PTD in its entirety before
it was separated from the batch, since it is a unique identification number and cannot be
summarized by a shorter code.
Renewable fuels producers would have to keep copies of PTDs and of all
compliance reports submitted to EPA for a period of not less than five (5) years. They
would also have to keep information related to the sale, purchase, brokering and trading
of RINs. Upon request, renewable fuels producers or importers would be responsible for
providing documentation of PTDs to the Administrator or the Administrator’s authorized
representative in a usable format.
D. Requirements for Other Parties Who Own RINs
1. Registration
We propose that other parties who intend to own RINs, and who are not obligated
parties, exporters of renewable fuels, or renewable fuels producers or importers, must
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